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City Council - 11/16/1982 APPROVED MINUI[ES EDEN PRAIRIE CI-fY COUNICII. TUESI)AY, NOVEMBER 16, 1982 7 :30 PM, CITY HALL CO►l C l t MENIB[ RS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrorn, Paul Redpath and George Tangen i 3 COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane , Director of Community Services Bob Lambert , Director of Public Works Eugene A. Dietz , and Recording Sec- retary Karen Michael INVOCATION: COUnC i l:nan GC0r-g(1 BPrntley PLFE)Gc OF AI_LFGIA^JCE ROLI CI1!.I Al I mei'i, 3t-rs were pre,.Ient I . PRESFNlATION OF CHECK IN THE AMOUNT OF $500.00 FROM NORTHWESTERN BELL TELEP'!ONE COhli-ANY FOR TNT EDFP1 PI? 1IRIE F I�TORICAL RESTORF,7ION FUND- -- - _ . _ _ Floyd Berntsen of Northwestern Bell Telephone Company presented a check for $500 to Mayor Penzel to be used for the Cummins House Restoration Project. Penzel accepted the check on behalf of thr- residents of Eden Prairie and thanked Berntsen for Northv.,c ,,t( rn Bel I ' s suP{)0t L. I I . APPROVA! OF AGE"JE►A Ai'd!) O H[ R OF BUS I N! tiS The following items were added to the Agenda : X. A.I . Discussion of an Ordinance Regarding Lawn Signs; X-. A. ? Discrission of a Lefiter from H�rrnEnin County. :R-egarding - _ Sign+l at County_ Roads 1 and 18; X. A. 3. Bond Counsel X . A.4. beer. Creek--;- reek X. A. 5. MTC Rent(-} ; and X. A.6 . Mine ota waste- ilanacj �;cnt Board Mvetilti�) The following ei;it , w- ,, m rr oved fro-fli the Cons-,,,- Cale'ndor- to X. B. 2. Con>ideration to eliminate mini in four locatioils (for-w"A-•ly V. B.) MOIIO'N Tangen moved, seconded by Edstrom, to approve the Agenda as amended and pu!'lisherf . Motion carried un:+rrir;ou� ly. III . AWA!:f) SALE OF $6 ,?00,000.00 ANI) V,300 ,000.00 STATE: AID BONi)S (Re�0lution No. 8?-261 Bill Fahey, financial consultant , reviewed the bids which had been opened this after-rr;)on . He noted the rate of interest on the $2,300,000 general obligation state aid bonds was 8.9562ro and that on the $6,200,000 general obligation bonds was 9.6076`;. City Council Minutes -2- Novc-mher 16 , 1982 ' _v Y MOTION: Edstrorn moved , seconded by Bentley, to adopt Resolution No. 82-263 , avi rding the sale of $6 ,200,000 irr.,proverrient bonds and $2 ,300,000 state aid bonds . Roll call vote: Bentley, Edstrorn, Redpath, Targen and Penzel voted "aye. " Motion carried unanimously. IV. CITY COUNCIL MINUTES FROM MEETING FIELD TUESDAY, OCTOBER 19, 1982 Page 4 , next to the last sentence, change "of" to "or" Page 7, VIII . A. , para. 3, line 3, change "Hazardous Waste Commission" to "Waste Management Board" Page 7, VIII . A. , para. 3, add: "for cable tv hookups. " Page 9, para. 4, line 2, change "no" to "any" MOTION: Redpath moved, seconded by Bentley, to approve the minutes of the Council Meeting hold Tuesday , October 19, 1982, as amended and published. Motion carried with Tarigen abstaining. V. CONSENr CALFNC7^,Rt A. Clerk' s License List B. Consideration to eliminate mini -rinks in four locations - moved to item X. B. 2. C. Agreement ap.proving snowmobile trails D. 2nd Re,.idincy of Ordinance No. 13-32 , renaming Kurtz Lane between C.M.St.P. and P. Railroad an Edenvale Boulevard ' ► f _ __ _ _ .. .._ �.. 9 ,Y between Baker E. 2nd Rc�:�c�inr o . Ordinance No. 14-82 , renaming Valle Vievr Road bnt�ir� _ _ Road & I-194 F. ReS�_)I uti on No . 82- 264, approv i i the suit iary of Ordinance __ - . _ the publication of said sur r:iary. for Edenvale 15th MOTION: Redpath moved, seconded by Tangen , to adopt items A and C - F on the Con- sent Calendar. Motion carried unanimously. VI . PUh!_ iC ILAR_IN(,S A. Public Hear inij to consider renaming Flying Cloud Drive betr� oon Valley View Road and Shacly Oak Road !;Ordinance Na. 15182) - continued from November 2, 198?_ __ ____ Per;zel said this item had been continued at the request of the residents in they Wi 1.1 ov., Creek area . Spoke,.sman for the Willow Creek residents was Don Sorensen, He called attention to the letter of November 16, 1982, from J.P. Wilkie, President of the Willow Creek Road Association (see attached. ) The majority of the residents in the area agreed the name should be Bryant Lake Drive. City Couflcil Mirtut"-, -3- November 16, 1982 . .� MOTION: Edstrort moved , second?d by Tangen, to close the Public Hearing and I to give 1st Reading to Ordinance No. 15-82, changing the name of Flying Cloud Drivr� betv.een Valley Vie,,•r Road and Shady Oak Road to Bryant Lake Drive . Motion, carried unanir)oLr.ly. B. Request for Municipal Industrial Development Bonds in the amount of $510,000.00 for George Korn-k (Resolution No. 82-'L60) Bob Ryan, Ryan Developrient, and John W. Curran, Jr. , vice president of Parkview Centers were present. Ryan addressed the request and said Parkview Centers would be the tenant in the building_ Bentley asked if this would be a treatment center. Ryan said it would be the- corporate headcu ,!rtrrs for Parkview Centers , an office facility. Edstrorr asked if Parkview Centr_�r-_; is a non-profit corpciration. Curran said it is not. Then E. way d i scus;ion on the leasing arrangement. Concerns were expressed that the tears of thc- lease vJ-re not the sarle as the length of the bonds . Gary Lawley , representing George Kon i k, was present to ans�.er questions . Bentley asked if this project was that much different front others whi c.h the Council had approved. Lavrley said the lease payments cover the debt service; he explained how the financing of the project mould work. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No . 82-260, relating to the authorization and issuance of revenue bonds anI giving preliminary approval to the project and authorizing an application by the City to the Minnesota Commissioner of Energy, Planning and Devel oi,!, c n t . Motion carried with Penzel voting "no. " C. Establishi;,(�,nt of Tax Inc► t-,r.,ont District No . 3 and the adoT)tion of a Tax Incre men t. Financing P1arr relatini j the�re-to (Re>olution No. 821262) City Ma naUi�r Jul 1 i e said notice of the P uhl i c Hear i nq had been publ i Shed. Jul l ie explained the purpose of this was to bring they Edenvale Apartment project which is no.:r under construction into the tax increment program. City A t.tc.w r ey Pauly reviewed in detail the exhibit acco.npa nyi ng the Resolution which contained the reasons and facts supporting the findings. Judie further addr-cs!�:cd the reason for including this project in the district. Pauly a�.k­d Jul i ie it' the im,<,rovement projects in tt :. whole area could have been tht-GL`', a special arse ssi,,ent procedure, or a private financing me:rr�s . Jul l ie said a ttei,ipts had L),,en madr� in 1973 to begin this project, but { due to appe,}ls by property owners the City was unable to carry out its proposal . Pauly noted they minutes of the Planning Commission for August 24, 1981 , and March 29, 19 ', which statoci that both the original plan and the amended plan conforrii to tic gcnr:-•rer1 plan for the development of the City as a whole . He also called attention to a wt ;,;orandi,ns from City Assessor Boca Martz dated July 7, 1981 , in which he indicated tho reductions which had been approved via the aba temelit process for stores in the major center area due to poor sales; a menroranduni froi,f Director of Public Safety Jack Hacking on accident information in the rnrjor cerltr,r f area ; and further- specific firrdinjs pertaining to major center are,_r ►nattt,r•_; . Bentley had specific questions and points of clarification which w-re anc.w;; rod ! by Pauly. City Council Minutes -4- November 16 , 1982 f ( There were not comliie:nts from the audience. MOTION : Edstrom moved , seconded by Tangen: to close the Public Hearing and to adopt Resolution No. 82-262. , providing for establishment of proposed tax increment District No. 3 and the adoption of a tax increment financing plan relating thereto , and exhibit A. Motion carried unanimously. VII . PAYMENT OF CLAIMS NOS. 4568 - 4900 MOTION: Redpath moved, seconded by Bentley, to approve Payment of Claims Nos . 4568 - 4900. John Reeve, 9408 Clubhouse Road , asked if his claim and that of Ray Olson , 9400 Clubhouse Ro:id, were included. City Manager Jullie addressed his memorandranr of Noveiijbr,r 12, 198� which explained the sewer backup at the Reeve residence , aird had as a ttachirents Reeve ' s letter of Novewber 11 , 1982, as well as a list of expenses related to the backup. Reeve said there is no law which covers this type of situation, according to his attorney. He also said there is no indication that the City was negligent in any way which resulted in the. backup. He spoke to the expense and interruption to his household during this tirrre. Jullie noted the City had agreed to pay $1 , 195 while Reeve was now claiming expenses of $2,170. 25 . The latter, amount would be contrary to what City policy has been in situations such as this. Redpath suggested that Reeve could submit a claim to the City's insurance carrier for anything above the $1, 195. City Attorney Pauly noted that if the City has a legal liability then that should be passed on to the City 's insurance carrier, any other payment the City might make would be subject to the question of the City's policy of fairness . Pauly said he would suggest that payment: not be made until the whole matter is settled --- that it not be done, on a piecemeal basis . Jullie said he thought he had gone to the limits of his authority to expend funds for this . Tangen asked what the position of the City' s insurance: carrier was. Jullie said the carrier felt the City had not been negligent. Tangen suggested Jullie be directed to look into the matter and see if Reeve' s claim was now complete. Don Sorcn,,on, 7121. Willow Creek Road, questioned the City' s policy of voluntarily paying for clai►sis such as this when there is no clear liability. Penzel noted the City's response was based on previous practice. Penzel stated the City's policy is very generous . Bentley said perhaps this should be examined. Edstrom suggested this wholes quc-,tion should be looked at from a legal standpoint; this claim should be cont-i nu-cf. AMENDMENT TO THE. MOTION: The motion was amended to read: Redpath moved, seconded by Bentley, to approve Payment of Claims Nos . 4568 - 4900 with the exception of Claim No. 4844 which will be continued. Roll call vote: Bentley, Edstrorr:, Redpath, Tangen, and Penzel voted "aye. " Motion carried unanimously. l City Vlll . REPORTS OF A. Historical & Cultural Coririis%ion - Request authorization to interview archi- tects to complete plans and specifications for restoration of the J.R. ~ . ^y Manager .u . . .e .... ess=" " ".-..". =.=. of November = 1982 ' =g". ° ."g the hiring of an ~' ^^ ' ^`^t to c"^'r 'e ^^ r '~^" for the J.'`. ~^°"""'"" Homestead." Edstroni asked who Would be doing the interviewing of architects. Jullie said this would be done by the Restoration Committee and Director of Comf�iunity � Services Lambert. Redpath asked if this /d come out of City funds . L mb L said the storcttion -_— - -__ w_ - . _ p-. for the architect ultimately , however to begin w; th City funds would have to be used and these would be repaid. MO 1'1 ON: Bentley moved, secondf-'d by C-dstrow, to authorize the Restoration Committee to interview architects to complete plans, and specifications for restoration of the J .R. Cummins hapiestead. Motion carried unaniji-iously. IX. PET _ ~ � A. City Manager Jullie called attention to the letter of November 3, 1982 , from the Hennepin County Department of Transportation to Jack Hacking , ' DirecLor, Department, of ' "" . .c °a.=ty, in which concerns were c°r, =ssc° of the Lion' s Tap.about the ha�ards created by parking on CSAH 4 - TH 169 in the vicinity Dennis Hansen , Cot.-nty Traffic Engineer , . sed the concerrj,�, of Vic, COUn ty. Jullie said the oviner of the [Aon' s Tap has been working with a consultant on plans to . - - the parking as well as expand_ the facility,_ It was his undorstanding these plans would be comiing before thC` COUt:Cil within the next couple of months . BerL Nottermann, owner of Lion' s Tap, said he had expanded the par-king about 1%j -- 2 years ago; he was not aware that a permit was required. Bentley asked if the PUbliC Safety Dopartriient had any cocrient. JUllie said they felt the parking did create ha7arduijs conditioos ; there have not hepn any accidents related to thc parking . NVtternu}n said he has been putting right along. Hansen said he had improve- ments and has no problems with them. Hansen stated the County would gain very little from the relocation of the roadway and therefore cannot participate, financially, in it. / \ � City Council Minutes -6- November 16 , 1982 � Edstrom said the bigger problem is that this business is a non-conforming use. He asked whether or not the business should be expanded more; will this create yc,_>r prahlf.m rather than solving or,c. . He agreed this is a fine restaurant t and everyone loves it. Edstrom said there is probably not an easy way to deal with the intersection of 4 and 169. Penzel said he felt the whole question revolves around how quickly the plans now being considered by Nottermann come before the Council . Jullie said they will probably be available at the second Council meeting in January. Penzel said he would recommend the Council post- pon--2action on the County's request until the second meeting in February. i Recipath asked if the County had the authority to post county roads with no parking signs . Hansen said they can, but they would like to have the copper- ation of the municipality because of questions of enforceii,ent . Hansen said the County would find waiting until February reasonable and acceptable. n MOTION: Redpith moved, seconded by Bentley, to continue consideration of the County' s regr.,(,st to the second nweetinig in February. Motion carried unani,:,Uusly. X. REPO,'c1S OF OFFICERS, BOP.E;f)S F+ COhE1ISSIOt1�6 ` A. Reports of Council Members 1. Discussion of an Ordinance Reaardi ng Lawn Sins Penzel said he had suggested to City Manager Jullie that StaFf draft a replacei,ierit for the handout now given to candidates which would in-- clude a revision of the ordinance governing lawn signs during political cafryiiigr,s . Th:, retiloval of signs from State and County right-of-ways shOuld be i ncl udOd With they neco ssa ry sui)port sought from the appropriate a(,,encieri . Bentley stated there are two questions involved , the first being the place - ment of lavin signs on public right-of-way and/or public easement . He would recoiriiiend the following : Section 11.70, Subdivision 3, paragraph H of the Sign Ordindric_e be amended as follows: the last sentence now reads "ThCSe signs mtiiy be placed six weeks prior to the election, and shall bo removed Within five days after the election" and should be changed to read: These signs rr;ay not be placed greater than three weeks prior to the election nor later th,:,n the close of business at City Hall of the Friday before an elec- tion , arid shall be removed within five days after the election. " The fol l nv,ri ng sh,-;ul d be addr'd to the above referenced paragraph: "No campaign sigrr n,ay tw po,.A(, i without thy:., signed written consent of the property owner upor, w�1o7 o: pruper, the, sic,rr, is to be posted . Signed statements giving such permission must be filed with the City Clerk before the close of business on each Friday during the permitted period, listing those signs posted during the last week. Owners of non-conforming signs or their represe-ntatives as stated on the disclaimer on the sign shall be notified by telephone or regi -- stered letter of such non--confor,ri1rnce , and within 24 hours of such notifica- tion shall remove or cause to be removed such non-conforming sign. If such non-conforming sign is not removed within this 24 hour period, the City shall remove such sign and the owner shall be subject to the penalties of this section. " ,p Cii.y Council Minute:, -7- November 16 , 1982 � Bentley added that the paragraphy which reads: "No sign other than a govern- mental sign shall be erected or temporarily placed within any street right- 9 of-way or upon the public easement" should be reiterated in some way under the campaign sign provision and also it should fall under the category of the 24-hour process. He did not feel the City should arbitrarily, if there is a question, remove political lawn signs even though it is within the City' s legal right to do so. Penzel said he had no reservations about removing lawn signs which had been placed' within 10' of the edge of the curb or travelled roadway. He would like to see if the County and the State would give the City permission to enforce the City' s Ordinance within their right-of-way. He also suggested that Staff talk to representatives from the I-R and DFL parties for their input into any amendments which might be made. Penzel suggested there might be a cameo ign sign coordinator for each campaign. Redpa th said the changes outlines. by Bentley would create an administrative nightmare. He noted that these who did not have lawn signs during the last local election, were the winners. Don Sorensen, 7121 Willow Creek Road , said he was concerned about the removal of signs prior to the November 2, 1982, election. Signs were re- moved withor.r'ti, the prior knoviledge of the homeowner and in some cases they were not on City right-of-way. He also referred to First Amendment rights . Eds truer said he felt an amendii,en t to the Code could be made to be too com- plex with too many restrictions . MOTIOPt: Bentley moved , secoEJed by Penzel , to submit the proposals disr_.ussed this evening to Staff for review and rewriting and reconsideration by the CounciI . Motion carried unanimously. 2. Discussion of a Letter from Hennepin County Re }c ardAi ng_Signal at County Roads I and 18 — -- - - - - - Bentley asked Dennis Hansen, Hennepin County Traffic Engineer, why the County had chosen to remove the signals from the improvements which were midc, at the intersection of County Roads 1 and 18. Bentley stated the intorsection had been mace more hazardous than it previously was and he strongly urged the County to review its decision. City Council Minutes -8- Novet:iber 16 , 1982 f r Redpath said it was his understanding that the lights from the County r Road 18 and West 78th Street intersection were to be used at I and 18 when they were rewived this Fall . That had not been done. Hansen asked that the Public Safety Department supply the County with accident records ; he would also request similar information from the City of Bloomington. He said the County would then review it decision . 3. Bond Counsel Edstrom noted he had received a phone call from Bill McGrann asking why O' Connor & Hannan had not beer, used as bond counsel . City Manager Jullie referred to a memo of a year ago in which it was stated that the Dorsey & Whitney firm charges less and it was the intent of the City to go back to using the Dorsey & Whitney firm after the tax increment financing was resolved. Jullie said that Jim R2yer has since left the: O' Connor & Hannan firm and perhaps there was a lack of cornrriunication as to what the decision was . 4. Deer Creek Redpa th said he had spoken with sorr:e of the hor otfuvers in Deer Creek and the proble;i:s with Ruscon are not totally resolved yet. } Steve By-own, 8/01 Eden Prairie Road, said he has a relative who is a buyer. Fie said even if Ruscon gets the pro,;pecti vo buyers into their hones in the next three weeks it does not negate whet it has done, to tho buyers in the past four months . Bentley said he felt very uric of,ifortahle discussing this matter withor,t a representcitive of Ru,.con homes present for rebuttal . City Attorney Pauly said if the matter is being discussed it is a matter of context -- if it is being discussed in regards to a zoning matter in another part of the City that would not be right; if it is being discussed in teritrs of a complaint and asking what the City can do, then it might be appro- priate. Edstrom said he had been abstaining on consideration of the. Woodlawn Height proposal . He felt that the Deer Creek matter is a separate problem and has nothing to do with the Woodlawn Heights rezoning, Brawn said he thought Ruscon had misled the Council ; Oaks performance in the pest two weeks ha -, h. -n very poor. No one has moved into their hon+es and for sore:(- it has been four months since they have had a home of their own in which to live. Redpath said Deer Creek is a good project and has good homes , He does not know hov, far the City can go in enforcing contracts ; but he would like to he certain this does not happen again . City Attorney Pauly will review how the City can review the performance of contractors . City Council Minutes -9- November 16 , 1982 i i 5. MTC Routes } k' Edstror; said he had read a recent article which stated the City of Plymouth was withdrawing from MTC service. Bentley said as a prelude to the Rideshare program, Staff from MTC had been invited to speak. At that time: MTC representatives said there would be no money available to expand any type of bus service to and within Eden Prairie . Bentley said that the City would have to prove it would spend the same number I of dollars on an alternative system and this plan would have to be approved by MTC. Edstrom suggested Staff and the Chamber of Commerce Transportation Committee contact Plymouth to see what they are doing. Bentley said as incoming president of the Chamber of Commerce he would be happy to take that under advisement with the Chamber. Don Sor•ensorr , 7121. Willow Creek Road, said it was his understanding that action on withdr-waing from M*:C service had to be done by a certain date . MOTION: Bentley Roved, seconcled by Penzeal , to refer the MTC bus route matter to Staff for review and diSCLISSiOlI. Motion carried unanimously. 6. Minnesota Waste Board Meetinj A meeting of the i li nn: sota Wasto Management. Board will be held on Thursday, Novewl,r_,r 18, 1982, at 7 p.m. at Minnetonka Senior High . Penzel said notices have been seat to all property owners within the general area under consideration for a site with the hope they will attend the meeting . Redpath said he had read where "emotion or political pressure" would not play any part in the ultimate decision. Bentley asked if anyone would be attending the Association of Metro- pol i tatr Mun i c i pal i tic'S r,re(Iti ng that same evening . The consensus was there were other prior" coinwitments and no one was available. B. Repor_t of City Mana�,er I. Pal_icy setting deposit requirements for public improvement petitions* City Manager Jullie referred to his memorandum of November 9, 1982 , in which he addressed the issue of deposits with public improvement petitions . Pcii/el asked if a 5q'> deposit would I'ery enough. Director of Public Works Net/ saki it would in most cases . MOTION: Redpath moved, seconded by Bentley, to direct Staff to put into effect the deposit requirement. Motion carried unanimously. C i t.y Council Minutes -10- November 16 , 1982 � 2. Consideration to eliminate mini-rinks in four locations (formerly V . B. Larnbect explained the rationale for eliminating the mini-rinks . The main reason was the lack of use and the manpower spent maintaining these rinks. With the Community Center and the other outdoor rinks which have lights , warming houses , and attendants there is not the need for the mini-rinks that there once was . MOTION: Tangen moved, seconded by Redpath, to approve the Staff recommenda- tion in regard to elimination of mini-rinks. Motion carried unanimously. C. Report„of City Attorney ; 1. 1st Reading_ of Ordinance No 16-82 , permitting gymnastics use in an industrial district MOTION: Redpath moved, seconded by Bentley, to set a Public Hearing for December 7, 1982 , regarding an Ordinance to perrr.it gymnastics use in an industrial district. Motion carried unanirously. D. Report of Director of Public Works 1. Aw rd contract for I . C. 51-308-II (northeast quadrant/MCA_ road system) Resolution No. Director of Public Works Dietz said the low hid on the contract was in the amount of $3,782 .476. 29 by Shafer Contracting Company, Inc. M01I0N: Redpath moved, seconded by Edstrom, to adopt Resolution No. 82-259, accepting the bid for I .C. 51-308A--II . Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye. Motion carried unitnir,iousiy. XI NEW BUSINFSS There was none. X11 . ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 10:43 p.m. Motion carried unanimously. -E _ _